Friday
Jul302010

Renewal of Form I-192 Waivers

DateFriday, July 30, 2010 at 2:38PM

QUESTION: What type of documentation do I need to bring to the border to obtain a waiver renewal?  Is it the same as getting an initial waiver? 

REPLY:  In order to obtain a new waiver, you will need to submit virtually the same application materials that you did the first time.  Of course, the new materials must be updated.  Specifically, you will need to obtain a new RCMP report, current employment letter, etc.  You will also want to submit documentation of any changes in your life – new home, new career, family, etc. 

You can submit copies of some documents, such as your personal statement and certificate(s) of conviction (if applicable) that were previously submitted with your first waiver application. 

Our office will evaluate each waiver renewal applicant’s case individually and compile a case-specific list of items that we recommend submitting with the waiver renewal application.  Since each case is different, I cannot advise you specifically about what to submit.  If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation. 

AuthorSarah E. Murphy, Esq. | in , | | Print ArticlePrint Article |
Thursday
Jul292010

I-192 Waiver Approved

DateThursday, July 29, 2010 at 10:33AM

We recently received notice of approval of a waiver application submitted on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, on behalf of a client who required a waiver in order to overcome inadmissibility under INA § 212(a)(9)(B)(i)(II) due to a previous period of unlawful presence.  

Our client, a first-time waiver applicant nearing the end of the applicable 10-year bar, was issued a nonimmigrant waiver for a validity period of one year authorizing multiple entries for business or pleasure.  The validity of this waiver will last through the expiration of the applicable 10-year bar, at which time our client will no longer require a waiver in order to enter the U.S. as a visitor. 

Our client requires a waiver due to unlawful presence accumulated while she and her family remained in the U.S. beyond the expiration of their authorized periods of stay as B1/B2 visitors.  While in the U.S. as visitors, the family applied to immigrate to Canada but the Canadian immigration process took longer than expected.  When the family’s applications for extensions of stay were denied, they chose to remain in the U.S. only for the additional time needed to complete the Canadian immigration process.  Since she remained in the U.S. for just over one year beyond her authorized period of stay, our client is inadmissible for 10 years from the date of departure under INA § 212(a)(9)(B)(i)(II).  

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AuthorSarah E. Murphy, Esq. | in , , , , , | | Print ArticlePrint Article |
Tuesday
Jul272010

False Claim to U.S. Citizenship

DateTuesday, July 27, 2010 at 5:26PM

QUESTION:  My husband and I have been working on his visa for over a year now.  We knew that he would have some problems because we knew that he had a criminal record in the U.S. and that he entered without inspection and stayed there about 17 years with multiple entries.  We were ok with this because we knew that these offenses could at least be waived.  The shocker came when he was charged for making a false claim to U.S. citizenship.  This gave him a lifetime ban.  This all happened when he was with his ex-wife.  He explained to me that he, his ex-wife and ex-boss were trying to cross the border and that they told him to claim that he was a U.S. citizen.  He didn't feel comfortable with this but because he owed over $4,000 to his ex-boss he did it.  This has hurt me, his new wife, so much.  Not only does it affect me but we have three children who are all U.S. citizens.  My youngest girl has several health issues that need a specialist and we can't afford it if we live in Mexico.  Please can you give me information on if there is any way that we could fight this or not? 

REPLY:  Thank you for your question.  Unfortunately, since your husband readily admits to falsely claiming U.S. citizenship, there is nothing to be challenged.  Regardless of the reason that he claimed U.S. citizenship, the fact that he admitted it renders the charge justifiable under the law.  The only cases in which we recommend challenging a Consular finding of falsely claiming citizenship involve a misapplication of the law – when there actually was no false claim to citizenship. 

Your husband may want to consider a nonimmigrant waiver so that he can visit you and your family in the U.S.  Other than that, I am afraid that there is no way for him to return to the U.S.  He faces a lifetime bar for which there is no permanent waiver.  He will never obtain permanent residence or U.S. citizenship.

AuthorSarah E. Murphy, Esq. | in | | Print ArticlePrint Article |
Thursday
Jul152010

Do I need an I-192 waiver?

DateThursday, July 15, 2010 at 5:31PM

QUESTION: Recently I was going to travel to the US to visit friends. I have a girlfriend who lives in the US who had come up to Canada, where I live, to visit me until we went back. My stay in the US was to be no more than one month.  For our trip we had no return tickets, as the people who purchased our tickets for us were to purchase our return tickets at a later date.  I had recently quit my job and had no other ties to Canada save my Canadian bank account. 

So my girlfriend and I decided we would try to play it safe. Many of our friends had told us about times they had tried to go through the border with or to visit their significant other and were denied due to suspicion of immigration.  When asked, I told the officer I was travelling alone. They sent me to secondary inspection where my bag and one of my girlfriend's bags (which we were not aware was checked my name) were brought out and searched. Needless to say they found material belonging to her. I proceeded, knowing if I told them now that I was indeed NOT travelling alone, and travelling with my partner, that I would be denied entrance based on the aforementioned suspicion. I proceeded to tell them, foolishly, that the items of female usage were gifts and items I was bringing for her. 

These were the only two things untrue in my statements: who I was travelling with, and who the items in the bag belonged to.  Everything else, intent to visit, length of stay, was all true. 

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AuthorSarah E. Murphy, Esq. | in , , , , | | Print ArticlePrint Article |
Tuesday
Jul132010

I-192 Waiver Approved

DateTuesday, July 13, 2010 at 5:42PM

Our office recently received notice of approval of an I-192 waiver on behalf of a Canadian client.  Our client required this nonimmigrant waiver based upon her inadmissibility for fraud under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (“INA”).  This was our client’s first I-192 waiver application.  The waiver was issued for a validity period of one year.  

Prior to needing a waiver, our client worked in the U.S. for several years as a nurse under TN status.  At one point during her career, however, she was offered a job overseas that she could not pass up.  Upon her return to Canada several years later, she again sought to apply for TN status.  The requirements for U.S. nurses, however, had changed during her absence from the U.S. and she was now required to take and pass an examination before she could be granted TN status again as a nurse. 

In order to take the exam, our client entered the U.S. as a Canadian visitor.  She stayed with a relative in the U.S. while she studied for the nursing exam.  After taking the required exam, our client departed the U.S. and returned to Canada where she learned that she had passed the nursing examination.  She then obtained an offer of employment from a hospital in the U.S., which agreed to sponsor her for new TN status.  She made plans to travel to the U.S. as a visitor in order to obtain her credentials from her relative’s home, which she needed in order to make a proper TN application at the U.S. port of entry. 

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AuthorSarah E. Murphy, Esq. | in , , , , , | | Print ArticlePrint Article |
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